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NC: 2024:KHC:18210
CRL.P No. 2817 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 2817 OF 2024
BETWEEN:
KUMARA U,
S/O UMESH,
AGED ABOUT 20 YEARS,
RESIDENT OF T.B. CROSS,
NAGAMANGALA TALUK,
MANDYA DISTRICT,
NOW RESIDING AT
NEAR DAIRY CIRCLE, JAYANAGARA,
HASSAN TOWN - 573 201. …PETITIONER
(BY SRI. A.N. RADHA KRISHNA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY TURUVEKERE POLICE,
TUMKURU DISTRICT,
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BENGALURU - 560 001.
2. SMT. ANITHA,
W/O LATE RAJESH,
AGED ABOUT 37 YEARS,
RESIDING AT 1ST WARD,
BASAVESWARANAGAR,
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TURUVEKERE TOWN,
TUMKURU DISTRICT - 572 227. …RESPONDENTS
(BY SRI. M.R. PATIL, HCGP FOR R1;
SMT. LAKSHMI DEVI, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.438 OF CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS
ARREST IN CR.NO.23/2023 REGISTERED BY TURUVERKERE POLICE STATION, TUMAKURU FOR THE OFFENCE P/U/S 363 OF
IPC, SEC. 4 AND 6 OF POCSO ACT AND SEC. 9 AND 10 OF
PROHIBITION OF CHILD MARRIAGE ACT, PENDING ON THE
FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE (FTSC- 1), TUMAKURU IN SPL.C.NO.525/2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner-accused is before this Court seeking grant of bail under Section 439 of Cr.P.C., in Crime No. 23/2023 of Turuvekere Police Station, pending in Spl.C.No.525/2023 on the file of the learned Addl. District and Sessions Judge, FTSC-1, Tumakuru registered for the offence punishable under Section 363 of the Indian Penal Code (for short 'IPC') and Sections 4 and 6 of Protection of Children from Sexual Offences
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Act, 2012 (for short 'POCSO'), on the basis of the first information lodged by the informant Smt. Anitha.
2. Heard Sri. A. N. Radhakrishna, learned counsel for the petitioner, Sri. M.R.Patil, learned High Court Government Pleader for respondent No.1-State and Smt. Lakshmi Devi, learned counsel for respondent No.2. Perused the materials on record.
3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:
"Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?"
My answer to the above point is in 'Affirmative' for the following:
R E A S O N S
4. The petitioner is the sole accused. Serious allegations are made against him for having committed the offence under the provisions referred to above. The Investigation is completed and charge sheet is filed. The victim
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girl was aged about 15 years, while the petitioner is said to be aged about 20 years. The victim girl is already examined before the Trial Court as P.W.1 and her deposition is produced before this Court by the learned counsel for the petitioner, wherein she has stated that she was in love with the petitioner and both of them willingly left the house and married. Later, they had sexual intercourse as a result of which, the victim became pregnant. Even though there are strong prima-facie materials against the petitioner for having committed the offence, the fact remains that the victim girl has already been examined before the Trial Court. The petitioner is hardly aged 20 years. If he is detained in custody, he may come in contact with hardcore criminals, which would not be in the best interest of the petitioner. It is not the contention of the prosecution that the petitioner is having any criminal antecedents. Under these circumstances, I am of the opinion that the petitioner is entitled to be enlarged on bail subject to conditions, which will take care of the apprehension expressed by the learned High Court Government Pleader that the petitioner may abscond or may tamper or threaten the prosecution witnesses.
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5. Accordingly, I answer the above point in the affirmative and proceed to pass the following:
ORDER
The petition is allowed.
The petitioner is ordered to be enlarged on bail in Crime No. 23/2023 of Turuvekere Police Station, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions:
a). The petitioner shall not commit similar offences.
b). The petitioner shall not threaten or tamper with the prosecution witnesses.
c). The petitioner shall appear before the Court as and when required.
If in case, the petitioner violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail.
On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the
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documents furnished by the petitioner and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail.
Sd/-
JUDGE
JS
List No.: 1 Sl No.: 9
CT: BHK
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